Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-25
INSANE CRIMINALS.

Senator Boggs has introduced bill for
the establishment of an asylum for insane
criminals. 1t is to be under the charge of
the State Prison Directors, and is to be
supervised by medical expert, who is to
be subordinate to the Board of Directors
and the Warden. Whenever a convict of
either State Prison is certified by the med
ical authorities thereof as insane he is to
be removed to the asylum, after full ex-
animation has been made of the case by
the Warden or Directors If, at the ex-
piration of the term Of sentence the con-
Wet remains insane, he is to be retained in
custody until adjudged fit to be discharged
All this is well. The State Prison is no
place for an insane man. He cannot be
there properly treated, and however guilty
wretch he may be, humanity demands
that he be treated for insanity when his
reason is dethroned OF course the ex-
pense of such new asylum is serious OBJ
lection, but not an insuperable one. Mr.
Boggs estimates in his bill the cost TO be
$4,000. This must contemplate, there
fore, the erection of such structure as an
annex to some one of the present insane
asylums or present prisons, since $4,000
will surely not equal the cost of erecting
and furnishing distinct asylum 1t
would, indeed, scarcely purchase the ground
if new plat is to be selected A still
better feature of the bill than the transfer
of insane prisoners to the new asylum, is
the provision for the transfer of convicted
criminals now in the insane asylums, to
the new prison asylum Still better than
either of the provisions referred to, is a
third, which We quote in full:
Any person who shall be acquitted of the
crime of murder, in either of the degrees ar-on
rape, or highway robbery, in any of the Courts
oil TINS State, upon tie plea of insanity, shail be
conilned III said Asylum for Insane Criminals
until such time as he may be adudged sane by
the medical Superintendent of said ASYLUM.
And any person having been convicted OF either
OF the crimes enumerated in this section and
becomes insane before receiving sentence or
before the execution of sentence shall be CON
ined IN said Asylum for Insane Criminals until
q
ordered by the Judge of the Court before whom
the trial was bad.
Such regulation will tend to lessen the
interposition Of insanity pleas in criminal
cases-a consummation greatly to be de-
sired. As matters now stand the plea
saves altogether too many criminals. who
are thereupon turned loose to prey again
upon society. In the section we have
quoted there is, however, ambiguity. 1t
may be difficult to determine, if it passes
IN its present form, whether it is intended
to confne the defendant in the asylum.
who escapes conviction by the plea of in
sanity at the time of the act, but is clearly
sane at the time of the trial and convic-
ton. As the first half of the first SEN
tence now reads, certainly the defendant
Is to be sent to the asylum, but the latter
half, by providing for discharge when
sane, implies that the insanity must exist
at the time of conviction.
1t is a serious question whether the per
son who commits crime in fit of insanity
but is sane soon thereafter, should be given
free lom.
1t IS serious question, and becoming
daily more so as crime increases in fire.
quency, as to what should be done with
those who are clearly insane at the time of
the commission of the act but apparently
sane at the time of trial. If it is reason
able to suppose such people are liable to a
recurrence Of the insane period. certainly
they ought not be set at large. Where it
is clear that one by cruel circumstances
was driven into state of insanity in which
the crime committed takes ON the nature
o defense, there never is conviction nor
public condemnation of the escape of the
defendant by the plea of insanity. No one
is prepared to advise so harsh rule as the
continent mt in asylums of all who commit
crime While insane, though in perfect
mental talance at the time of the trial
an where there is shown to be no tendency
to recurrence O. thu insanity. To advocate
the eommittal OF such to an asylum would
be to favor return TO the dark and super
stitious days waen physical castigation
AMI other cruel punishments were applied
to the maniac and the demented. Never
theless it is the conviction of the public
mind that the Law should in some form so
diseountenance pleas of insanity as to rem
der their inter position hazardous. There
are plenty of criminals insane enough to
do crime, bui sane enough to know that
their unsettled mental condition may be
raised as shield leiind which they can
take refuge from deserved punishment. OF !
This order are ths 'eranssr who are @im- .